european union law

What established the 4 institutions of the EU?

Treaty of Rome

How many member states are in the EU?

27

Who attends the Council of the EU?

A representative from the government of each member state

What is the main decision-making body of the EU?

The Council of the European Union

What are the two key functions of the Council of the EU?

1) Final say in EU legislation

2) Acts on recommendations & proposals from the Commission

How many Commissioners are in the Commission?

27

How long is a Commissioner’s term?

5 years

What is each Commissioner responsible for?

One area of union policy, acting independently of national origin

What are the two key functions of the Commission?

1) Presents drafts of legislation to the Council

2) Guardian of the treaties, ensures proper implementation

How many members are in the European Parliament?

751

How are members of the European Parliament chosen?

Directly elected by the people every 5 years

Does the European Parliament make legislation?

No

What are the two key functions of the European Parliament?

1) Advisory comment on Commission proposals

2) Can negotiate amendments with the Council

Where does the European Court of Justice sit?

Luxembourg

How many judges are in the European Court of Justice?

27 (1 from each member state)

What are the eligibility criteria for ECJ judges?

Eligible for highest judicial posts in their own country

What are the two key functions of the ECJ?

1) Decides if states failed to fulfil treaty obligations

2) Interprets EU law via references from national courts

What are the primary sources of EU law?

The Treaties, especially the Treaty of Rome 1957

What did the Treaty of Rome 1957 establish?

The EEC (now EU via Treaty of European Union 1993)

What are examples of issues covered by primary sources?

Employment law, discrimination, benefits

What are the secondary sources of EU law?

Legislation under Art 249 of Treaty of Rome

What is the effect of EU regulations?

Automatically become law in all member states

Can member states choose which regulations to follow?

No

What do regulations ensure across member states?

Uniformity of law

What article gives EU power to issue directives?

Art 249 of Treaty of Rome

What is the main function of directives?

Harmonisation of laws within member states

How are directives implemented?

Member states pass national laws within a time limit set by the Commission

What topics have been covered by directives?

Health & safety of workers, equal rights

What is the main principle of the rule of law?

All people are subject to and accountable to law that is fairly applied and enforced

What does the rule of law safeguard against?

Dictatorship

What does the rule of law support?

Democracy

Why does the rule of law support democracy?

Because the government and its officials are accountable under the law

Who gave the best-known explanation of the rule of law?

Professor A.V. Dicey

What are the three elements of the rule of law according to Dicey?

1) Absence of arbitrary power
2) Equality before the law
3) Supremacy of ordinary law

What does absence of arbitrary power mean?

The state's power must be controlled by law; law sets limits on state actions

What does equality before the law mean?

No individual or institution is above the law, regardless of power or wealth

What does supremacy of ordinary law mean?

Law is supreme; most law comes from legislation but judicial decisions still create law

Why is the rule of law important in law making?

Laws must be made through an open and fair process

What is the legislative requirement for an Act of Parliament?

It must be passed by both Houses of Parliament

What role does the House of Lords play in law making?

Exercises a check on the law-making process; must also pass new laws

What does the rule of law require for defendants in criminal cases?

A fair trial

What is seen as a key safeguard of fairness in criminal trials?

Trial by jury

What must happen before a person is imprisoned?

A trial

What should the civil justice system be?

Accessible and affordable

What issue has affected civil justice system accessibility?

Major cuts to public funding and increased court costs

What does criminal law define?

Criminal offences

What is the aim of criminal law?

Protecting people and property

What are examples of offences protecting people?

Murder, manslaughter, non-fatal offences against the person

What are examples of offences protecting property?

Theft, burglary

What does tort law set out?

Rights and responsibilities people owe each other in everyday life

What is the aim of tort law?

Protecting people and property, giving right to claim compensation for breaches

What does contract law lay down?

Rules on formation, void/voidable contracts, and breach of contract